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Commentary on Judgment No. 15425 of 2022: Political-Mafioso Electoral Exchange and New Evidence Required

Judgment No. 15425 of December 12, 2022, published on April 12, 2023, represents an important intervention by Italian jurisprudence regarding political-mafioso electoral exchange. The decision, issued by the Court of Liberty of Palermo, is part of the context of the amendments made to Article 416-ter of the Penal Code by Law No. 43 of 2019, which introduced significant changes in the definition and configurability of this crime.

The Crime of Political-Mafioso Electoral Exchange

The crime of political-mafioso electoral exchange occurs when an individual affiliated with a mafia organization commits to procuring votes for a political candidate in exchange for advantages or favors. The judgment in question establishes a fundamental criterion: to configure this crime, it is necessary to prove that the agreement between the parties involves the implementation or planning of an activity for procuring votes through mafia methods.

Crime of political-mafioso electoral exchange - New formulation of art. 416-ter Penal Code following Law No. 43 of 2019 - Agreement with an affiliate acting “uti singulus” - Procurement of votes by means of those described in art. 416-bis, third paragraph, Penal Code - Evidence - Necessity. For the configurability of the crime of political-mafioso electoral exchange, in the text following the amendments introduced by Law May 21, 2019, No. 43, where the subject committing to recruit votes, although being part of a mafia organization, operates "uti singulus", it is necessary to prove that the agreement includes the implementation or planning of an activity for procuring votes using mafia methods.

Interpretation and Implications of the Judgment

This judgment offers an important key to understanding how Italian jurisprudence interprets legislative changes. In particular, the concept of "uti singulus" implies that the mafia affiliate can act not only as a representative of an organization but also as an autonomous individual. Therefore, mere affiliation with a mafia organization is not sufficient to configure the crime; it must be demonstrated that the individual has carried out concrete actions for the procurement of votes in a mafia manner.

  • A specific agreement must be proven.
  • The individual must act autonomously and directly.
  • The procurement methods must be of a mafia nature.

Conclusions

Judgment No. 15425 of 2022 fits into a continuously evolving legislative and jurisprudential framework that seeks to combat the phenomenon of the mafia infiltrated in politics. The indications provided by the judges of Palermo clarify that, to effectively prosecute crimes of electoral exchange, rigorous and concrete evidence of the methods of action of the individuals involved is essential. This approach not only safeguards the integrity of the electoral process but also represents a step forward in the fight against the mafia and its influences in the Italian political system.